2008-156ORDINANCE NO. 2008-Zj
AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY
AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH SECTION 26-232
OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND
WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WATER
IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT
AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE
ASSESSMENT AND COLLECTION OF IMPACT FEES; REPEALING SECTION 26-222 (d);
AMENDING SECTION 26-226 REGARDING APPEALS; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and
to amend impact fees for the purpose of financing capital improvements required by new
development; and
WHEREAS, the City Council of the City of Denton, Texas in accordance with State law,
initially enacted water and wastewater impact fees in accordance with Ordinance No. 98-301,
dated on the 15th day of September, 1998; and
WHEREAS, the City Council, in accordance with State law, then enacted water and
wastewater impact fees in accordance with Ordinance No. 2003-137 which was adopted by the
City Council on the 13" day of May, 2003, and effective as of May 29, 2003; and then enacted
Ordinance No. 2004-183, mine pro tune on July 20, 2004, and effective as of August 4, 2004 in
order to properly recite several provisions that were inadvertently omitted or misstated from the
above-referenced Ordinance No. 2003-137; and
WHEREAS, it is now appropriate and lawfully required that the City once again address
the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the subject of
Amended Water and Wastewater Impact Fees; and
WHEREAS, the City Council in accordance with law desires to update its impact fee
program by amending land use assumptions, service areas, capital improvements plans and
impact fees for water and wastewater facilities; and
WHEREAS, the City Council of the City of Denton, Texas has duly appointed a Capital
Improvements Advisory Committee (the "Committee") by ordinance; has received written
comments as required by law from such Committee; and has adopted Land Use Assumptions and
a Capital Improvements Plan for amended water and wastewater impact fees all in accordance
with the requirements of Texas Local Government Code, Chapter 395; and
WHEREAS, the City Council of the City of Denton, Texas has also received the
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unanimous recommendation of the Denton Public Utilities Board (the "Board"), an advisory
Board, in favor of the impact fees and the zones set forth below in this ordinance; and
WHEREAS, on the 17th day of June, 2008, after due notice being issued in accordance
with state law, a public hearing of the City Council was convened during the regularly called
City Council meeting regarding the subject of the land use assumptions, capital improvements
plans, and amended impact fees; at the said public hearing it was announced into the record by
Perry McNeill, Mayor that the public hearing would be continued to the City Council's 6:30 p.m.
meeting on July 15, 2008 in order to conduct further proceedings; and
WHEREAS, on the 15`h day of July, 2008 at the 6:30 p.m. City Council meeting, the
continued public hearing was reconvened by Mark Burroughs, Mayor, and the City Council
considered those matters brought forward in the public hearing; then the public hearing was
closed; and
WHEREAS, the City Council then considered the subject of land use assumptions,
capital improvements plans, and the subject of amended water and wastewater impact fees; the
City Council of the City of Denton, Texas, having complied with all applicable substantive and
procedural requirements of Texas Local Government Code, Chapter 395, and considering the
comments of the Committee and the recommendations of the Board, and after due deliberation
and consideration finds that it is necessary and appropriate to establish amended water and
amended wastewater impact fees to pay the costs of certain capital improvements for new
development; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the facts, circumstances, and recitations contained in the preambles to
this Ordinance are hereby found and declared to be true and correct.
SECTION 2. That the Land Use Assumptions for Water and Wastewater Impact Fees
hereby are amended as set forth in Exhibit A, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 3. That the Capital Improvements Plan for Water and Wastewater Impact
Fees hereby are amended as set forth in Exhibit B, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 4. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas,
entitled "Utilities," is hereby amended, which shall read as follows:
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CHAPTER 26: UTILITIES
ARTICLE VI. IMPACT FEES
Sec. 26-210. Short Title.
This Article shall be known and cited as the "Denton Impact Fee Ordinance."
Sec. 26-211. Statement of Purpose.
This Article is intended to assure the provision of adequate public facilities to serve new
development in the City by requiring each development to pay its proportional share of the costs
of such improvements necessitated by and attributable to such new development as related to
water and wastewater capital improvements.
See. 26-212. Authority.
This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and
pursuant to the Denton Charter. The provisions of this Article shall not be construed to limit the
powers of the City to utilize other methods authorized under state law, or pursuant to other City
powers to accomplish the purposes set forth herein, either in substitution or in conjunction with
this Article. The effective date of this Article is September 15, 1998.
See. 26-213. Definitions.
The following words, terms and phrases, as used in this Article, shall have the meanings
respectively ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) Area-related facility means a capital improvement or facility expansion which is
designated in the Impact Fee Capital Improvements Plan and which is not a site-related facility.
Area-related facility may include a capital improvement, which is located offsite, within, or on
the perimeter of the development site.
(2) Assessment means the determination of the amount of the maximum impact fee per
service unit that can be imposed on new development pursuant to this Article.
(3) Capital improvement means any water supply; or treatment, transmission, pumping and
storage facilities; or wastewater treatment and conveyance facilities that have a life expectancy
of three (3) or more years, and are owned and operated by or on behalf of the City.
(4) Director means the Director of Water Utilities for the City of Denton, or his or her
designee.
(5) Facility expansion means the expansion of the capacity of any existing facility for the
purpose of serving new development. The term does not include the repair, maintenance,
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modernization or expansion of an existing facility to serve existing development.
(6) Impact fee capital improvements plan means the adopted plan for a service area, as may
be amended from time to time, which identifies the water facilities or wastewater facilities and
their associated costs which are necessitated by and which are attributable to new development,
for a period not to exceed ten (10) years, and which are to be financed in whole or in part
through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article
VI.
(7) Infill development means a single-family residence of less than 1,300 square feet on a lot
of less than 6,000 square feet.
(8) Land use assumptions means the projections of population and employment growth and
associated changes in land uses, densities and intensities for a service area adopted by the City,
as may be amended from time to time, upon which the impact fee capital improvements plan for
the service area is based.
(9) New development means an activity involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or
any use or extension of land, which has the effect of increasing water or wastewater demand,
measured by an increase in the number of the service units utilizing the City's water or
wastewater system that are attributable to such activity, and which requires either the approval
and filing of a plat, or a re-plat pursuant to the City's subdivision regulations, or the issuance of a
building permit, or a utility connection.
(10) Service area means a geographic area within the City or within the City's extraterritorial
jurisdiction, within which impact fees for water or wastewater facilities may be collected for new
development occurring within such area and within which fees so collected will be expended for
those types of improvements identified in the type of capital improvements plan applicable to the
service area.
(11) Service unit means a standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development calculated in accordance with generally
accepted engineering or planning standards, for a particular category of capital improvements or
facility expansions. For water and wastewater facilities, the service unit shall constitute the basis
for establishing equivalency within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water meter of a given size and
type compared to the continuous duty maximum flow rate in gallons per minute for a 3/4-inch
diameter simple water meter.
(12) Single-family equivalency ("SFE') means an equivalency factor, based on the demand
associated with the smallest water meter used in the City of Denton, Texas utility system. SFE's
are utilized to establish the number of service units to be allocated to various meter sizes used in
the City of Denton, Texas Water and Wastewater utilities system.
(13) Site-related facility means an improvement or facility which is for the primary use or
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benefit of a new development and/or which is the for the primary purpose of safe and adequate
provision of water and wastewater facilities to serve the new development and which is not
included in the impact fee capital improvements plan and for which the developer or property
owner is solely responsible under subdivision and other applicable regulations.
(14) Utility connection means connection of an individual meter to the City's water or
wastewater system, or an increase in the size of an existing meter.
Sec. 26-214. Impact fee as condition of development approval.
No new development shall be connected to the City's water or wastewater system within the
service area without the assessment of an impact fee pursuant to this Article, and no building
permit or request for service shall be issued until the applicant has paid the impact fee imposed
herein, except for those entities that are expressly exempt from impact fees as set forth in Texas
Local Government Code, Chapter 395.
Sec. 26-215. Land use assumptions.
(a) Said land use assumptions for the City shall be updated at least every five (5) years
utilizing the amendment procedure set forth in Texas Local Government Code, Chapter
395.
(b) Amendment to the land use assumptions shall incorporate projections of changes in land
uses, densities, intensities and population for the service area over at least a ten (10) year
period.
Sec. 26-216. Water impact fee service area.
There are hereby established two (2) water impact fee service areas, to include all land within the
City and its extraterritorial jurisdiction, as depicted in Exhibit C, which is attached hereto and
incorporated by reference herein as if fully set forth.
Sec. 26-217. Wastewater impact fee service areas.
There are hereby established two (2) wastewater impact fee service areas, the boundaries of
which are respectively described in Exhibits D and E, which Exhibits are attached hereto and
incorporated by reference herein as if fully set forth.
Sec. 26-218. Determination of service units.
The number of service units for both water or wastewater impact fees shall be determined by
using the land use and service unit equivalencies table which converts the demands for water or
wastewater improvements generated by typical land uses to water meter size, and which table is
attached hereto as Exhibit F and is incorporated by reference herein as if fully set forth herein.
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Sec. 26-219. Impact fees per service unit.
(a) Maximum impact fees per service unit for each service area shall be established by
category of capital improvements. The maximum impact fee per service unit for each
service area for each category of capital improvement shall be computed in the following
manner:
(1) For each category of capital improvements, calculate the total projected costs of
capital improvements necessitated by and attributable to new development in the
service area identified in the impact fee capital improvements plan;
(2) From such amount, subtract a credit in the amount of that portion of utility service
revenues, if any, including the payment of debt, to be generated by new service
units during the period the capital improvements plan is in effect, including the
payment of debt, associated with the capital improvements in the plan;
(3) Divide the resultant amount by the total number of service units anticipated within
the service area, based upon the land use assumptions for that service area.
(b) The maximum impact fee per service unit for water or wastewater facilities by service
area shall be as set forth in Schedule 1, which is attached hereto and incorporated herein by
reference as if fully set forth. Schedule 1 shall be used to assess impact fees. Schedule 1 may be
amended from time to time utilizing the amendment procedure set forth in Section 26-228.
(c) The impact fee per service unit which is to be paid by each new development within a
service area shall be as set forth in Schedule 2, which is attached hereto and incorporated by
reference as if fully set forth, and shall be an amount less than or equal to the maximum impact
fee per service unit established in Schedule 1. Schedule 2 may be amended from time to time
utilizing the amendment procedure set forth in Section 26-228.
See. 26-220. Assessment of impact fees.
(a) Assessment of impact fees for any new development in all of the Denton Water and
Wastewater Service Areas shall be made as follows:
(1) For land which is unplatted at the time of application for a building permit or
utility connection, or for a new development which received final plat approval
prior to the effective date of this Article, and for which no re-platting is necessary
pursuant to the City's subdivision regulations prior to development, assessment of
impact fees shall occur at the time application is made for the building permit or
utility connection, whichever first occurs, and shall be the amount of the
maximum impact fee per service unit in effect, as set forth in Schedule 1.
(2) For a new development which is submitted for approval pursuant to the City's
subdivision regulations on or after the effective date of this Article, or for which
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re-platting results in an increase in the number of service units after such date,
assessment of impact fees shall be at the time of final plat recordation, and shall
be the amount of the maximum impact fee per service unit in effect as set forth in
Schedule 1.
(b) Following assessment of impact fees pursuant to subsection (a), the amount of impact fee
assessment per service unit for that development cannot be increased, unless the owner
proposes to change the approved development by the submission of a new application for
final plat approval or other development application that results in approval of additional
service units, in which case a new assessment shall occur at the Schedule 1 rate then in
effect for such additional service units.
(c) Following the vacating of any plat or approval of any re-plat, a new assessment must be
made in accordance with subsection (a)(2).
(d) An application for an amending plat made pursuant to Texas Local Government Code
§212.016 and the City of Denton Subdivision Ordinance, and for which no new
development is proposed, is not subject to reassessment for an impact fee.
Sec. 26-221. Computation of impact fees.
(a) Following the filing and acceptance of a written application for building permit or utility
connection, the City shall compute the impact fee due in the following manner:
(1) The number of service units shall be determined by the size of the water meter
purchased using the Land Use and Service Unit/SFE Equivalencies table
incorporated as Exhibit F; herein. The service units for multi-family apartment
projects with eight (8) or more units shall be determined by multiplying the
number of bedrooms in said apartment project by 0.26 SFE;
(2) Service units shall be summed for all meters, or for all bedrooms within a multi-
family apartment project with eight (8) or more units purchased for the
development;
(3) The total number of service units shall be multiplied by the impact fee per service
unit for water or wastewater service facilities using Schedule 1 then in effect as
established in Section 26-219;
(4) The amount of each impact fee shall be reduced by any allowable offsets or
credits for that category of capital improvements, in the manner provided in
Section 26-223.
(b) The amount of impact fee due for new development shall not exceed the amount
computed by multiplying the assessed fee for water and/or wastewater service by the total
number of service units generated by the development. The amount of impact fee due for
redevelopment shall not exceed the amount computed by multiplying the assessed fee for
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water and/or wastewater service by the net increase in service units generated by the
redevelopment.
(c) The developer may submit or the Director may require the submission of a study,
prepared by a professional engineer, licensed in the State of Texas, clearly indicating the
number of water and/or wastewater service units which will be consumed or generated by
the new development. The Director will review the information for completeness and
conformity with generally accepted engineering practices and will, when satisfied with
the completeness and conformity of the study, multiply the number of service units
determined by the study, times the impact fee per service unit contained in Section
26-219 above to determine the total impact fee to be collected for the development. The
Director may also use recent historical water billing records for existing customers to
determine water demands and single-family equivalents ("SFE") in accordance with data
from the most recent Capital Improvements Plan.
(d) Whenever the property owner increases the number of service units for a development,
the additional impact fees collected for such new service units shall be determined based
on Schedule 1 and applicable offsets, credits, and discounts then in effect and such
additional fee shall be assessed and collected at the time the additional meters are
purchased.
(e) In the event the property owner decreases the number of service units for a development,
the property owner shall be entitled to a refund of the impact fee for impact fees actually
paid, but only for the amounts represented by the decrease in service units based on the
assessed fee and offsets, credits, or discounts applicable at the time the fee was paid.
(f) If the building permit for the property on which an impact fee is paid has expired and a
new application for a building permit is thereafter filed for the identical property and the
identical number of service units, the impact fee previously paid satisfies the
requirements of this Article, unless the earlier impact fee was refunded to the applicant at
the expiration of the previously-issued building permit or otherwise refunded.
(g) The impact fee shall attach to the property for which the impact fee was paid and shall
not be transferable to other properties or service units.
(h) No building permit or utility connection shall be issued if the applicant cannot verify
payment to Staff of the appropriate impact fee and other applicable fees or if existing
facilities do not have actual capacity to provide service to the new connection(s), except
for those entities that are exempted from impact fees as are specifically set forth in Texas
Local Government Code, Chapter 395.
(i) All matters pertaining to the enforcement, assessment, computation, or collection of
impact fees provided for herein shall be determined by the Director, or his or her
designate.
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Sec. 26-222. Collection of impact fees.
(a) Except as otherwise provided in this Section, the impact fee for the new development
shall be collected at the time the City issues a building permit, or if a building permit is
not required, at the time an application is filed for a new connection, to the City's water
or wastewater system or for an increase in water meter size.
(b) Except as otherwise provided by contracts with political subdivisions, developer's
contracts, or wholesale customers, no building permit shall be issued until all impact fees
due and owing have been paid to the City.
(c) The City may enter into an agreement for capital improvements with a property owner
pursuant to Section 26-229 that establishes a different time and manner of payment.
(d) In the event that a property owner agrees to construct or finance capital improvements in
the capital improvements plan pursuant to Section 26-229, the costs of which are to be
reimbursed to the owner from impact fees paid from other new developments that will
use such facilities, the City may collect impact fees from such other new developments at
the time final plats are recorded for such development.
(e) Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in
subparagraphs (e)(1) through (e)(3) below:
(1) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, the maximum impact fee per service unit
shall be $2,044 for the water service area, and $483 for the wastewater service area.
(2) For a new development for which final plat recordation occurred on or after May
29, 2003, but before August 1, 2008, the maximum impact fee per service unit shall be
$3,155 for the water service area; and $1,703 for the Zone 1 wastewater service area.
(3) For a new development for which final plat recordation occurred on or after
August 1, 2008, or for any plats filed prior to September 15, 1998, the maximum impact
fee per service unit shall be as follows: $3,400 for the Zone 1 water service area and
$4,000 for the Zone 2 water service area; and $1,700 for the Zone 1 wastewater service
area and $1,760 for the Zone 2 wastewater service area.
(f) Schedule 2 sets the collection rate for impact fees as set forth in subparagraph (f)(1),
(f)(2) and (f)(3) below:
(1) Except as provided in paragraph (2) below, impact fees shall be collected and paid as
follows:
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Water Service Area (Zone 1): $3,400 per service unit
Water Service Area (Zone 2): $4,000 per service unit
Wastewater Service Area (Zone 1): $1,700 per service unit
Wastewater Service Area (Zone 2): $1,760 per service unit
Provided, however, Water and Wastewater Service Area Impact Fees for Zone 1, for
Single-Family Residences of less than 1,300 square feet, that are located on lots of less
than 6,000 square feet, shall instead be assessed and charged, and the City shall collect a
Water and a Wastewater Service Area Impact fee of 50% of the adopted Water and
Wastewater Service Area Impact Fees for Zone 1.
2) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, and for which no new service units
have been added, impact fees shall be collected as follows:
Water Service Area $2,044 per service unit
Wastewater Service Area (Zone 1) $483 per service unit
3) For a new development for which final plat recordation occurred on or after May 29,
2003, but before August 1, 2008, and for which no new service units have been
added, impact fees shall be collected as follows:
Water Service Area (Zone 1) $3,155 per service unit
Wastewater Service Area (Zone 1) $1,703 per service unit
Sec. 26-223. Offsets and credits.
(a) The City shall offset the reasonable value of any area-related facilities, identified in the
impact fee capital improvements plan and constructed pursuant to an agreement with the
City, except as otherwise provided therein, which are dedicated to and received by the
City on or after the effective date of this ordinance, against the amount of the impact fee
due for that category of capital improvement. No offsets or credits shall be provided for
required over-sizing of water and wastewater lines or lift stations not identified in the
capital improvements plan or for pro-rata payments to repay other developers for such
over-sizing pursuant to Chapter 35-Development Code; and Subchapter 21-Water &
Wastewater Standards.
(b) The City shall credit any new development that occurs subsequent to the effective date of
this Article, any amount of capital recovery fees which have been collected by the City
pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to
this Article.
(c) All offsets and credits against impact fees shall be subject to the following limitations and
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shall be granted based on this Article and additional standards promulgated by the City,
which may be adopted as administrative guidelines.
(1) No offset or credit shall be given for the dedication or construction of site-related
facilities.
(2) No offset or credit shall exceed the impact fee to be collected from new
development as established in Section 26-219.
(3) The unit costs used to calculate the offsets shall not exceed those assumed for the
capital improvements included in the impact fee capital improvements plan for
the category of facility within the service area for which the impact fee is
imposed.
(4) If an offset or credit applicable to a plat has not been exhausted within ten (10)
years from the date of the acquisition of the first building permit issued or
connection made after the effective date of this Article or within such period as
may be otherwise designated by agreement for capital improvements pursuant to
Section 26-229, such offset or credit shall lapse.
(5) In no event will the City reimburse the property owner or developer for an offset
or credit when no impact fees for the new development can be collected pursuant
to this Article or for any amount exceeding the total impact fees collected or due
for the development for that category of capital improvement, unless otherwise
agreed to by the City.
(6) No offset shall exceed an amount equal to the eligible costs of the improvement
multiplied by a fraction, the numerator of which is the impact fee per service unit
due for the new development as computed using Schedule 2 and the denominator
of which is the maximum impact fee per service unit for the new development as
computed using Schedule 1.
(7) Offsets or credits for area-related facilities dedicated to and accepted by the City
for a development prior to the effective date of this Article shall be prorated
among the total number of service units within such development and reduced by
an amount equivalent to the number of existing service units within such
development and shall be further reduced by the amount of any participation
funds received from the City and by any payments received from other
developments who utilize the system facility.
(8) The City may participate in the costs of an area-related improvement to be
dedicated to the City, including costs that exceed the amount of the impact fees
due for the development under Schedule 1 for that category of capital
improvements, in accordance with policies and rules established under the City's
subdivision regulations and when incorporated into an agreement for capital
improvements pursuant to Section 26-229. The amount of any offset shall not
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include the amount of the City's participation.
(d) Unless an agreement for capital improvements is executed providing for a different
manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or
credit associated with a plat shall be applied to reduce an impact fee at the time of
application for the first building permit or at the time of application for the first utility
connection for the property, in the case of land located within the City's extraterritorial
jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the
offset or credit is exhausted.
Sec. 26-224. Establishment of accounts.
(a) The City's Department of Finance shall establish separate interest-bearing accounts
clearly identifying the category of capital improvement (i.e. water facilities and
wastewater facilities) within the service area for which the impact fee is collected.
(b) Interest earned by each account shall be credited to the account on which it is earned and
shall be used solely for the purposes specified for impact fees as authorized herein.
(c) The City's Department of Finance shall establish adequate financial and accounting
controls to ensure that impact fees disbursed from the account are utilized solely for the
purposes authorized in this Article. Disbursement of funds shall be authorized by the
City at such times as are reasonably necessary to carry out the purposes and intent of this
Article; provided, however, that any fee paid shall be expended within a reasonable
period of time, but not to exceed ten (10) years from the date the fee is deposited into the
account.
(d) The City's Department of Finance shall maintain and keep adequate financial records for
each such account, which shall show the source and disbursement of all revenues, which
shall account for all monies received, the number of service units for which the monies
are received, and which shall ensure that the disbursement of funds from each account
shall be used solely and exclusively for the provision of projects specified in the impact
fee capital improvements plan as area-related capital projects. The City's Department of
Finance shall also maintain such records as are necessary to ensure that refunds are
appropriately made in accordance with this Article. The records of the account into
which impact fees are deposited shall be open for public inspection and copying during
ordinary business hours. The City may establish a fee for copying services.
Sec. 26-225. Use of proceeds of impact fee accounts.
(a) The impact fee collected pursuant to this Article may be used to finance or to recoup
capital construction costs for water and wastewater facilities identified in the impact fee
capital improvements plan and for any purpose authorized in Texas Local Government
Code, Chapter 395, as amended. Impact fees may also be used to pay the principal sum
and interest and other finance costs on bonds, notes or other obligations issued by or on
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behalf of the City to finance such capital improvements or facilities expansions.
(b) Impact fees collected pursuant to this Article shall not be used to pay for any of the
following expenses:
(1) Construction, acquisition, or expansion of capital improvements or assets other
than those identified for the water and wastewater utility in the impact fee capital
improvements plan;
(2) Repair, operation, or maintenance of existing or new capital improvements or
facilities expansions;
(3) Upgrading, expanding, or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards;
(4) Upgrading, expanding, or replacing existing capital improvements to serve
existing development; provided, however, that impact fees may be used to pay the
costs of upgrading, expanding or replacing existing capital improvements in order
to meet the need for new capital improvements generated by new development; or
(5) Administrative and operating costs of the City.
Sec. 26-226. Appeals.
(a) The property owner or applicant for new development may appeal the following Staff
decisions and determinations to the Denton Public Utilities Board: (a) the applicability of
an impact fee to the new development; (b) the method of calculating the amount of the
impact fee due; (c) the availability or the amount of an offset, credit or rebate; (d) the
application of an offset or credit against an impact fee due; or (e) the amount of a refund
due, if any. The Property Owner or Applicant shall notify the City Secretary of the City
of Denton, Texas in writing, of its desire to appeal any such decision and determination
to the Public Utilities Board, no later than thirty (30) days following the date of Staff
decision or determination. This notice shall be untimely if it is received by the City
Secretary more than thirty (30) days following the date of Staff decision and
determination.
(b) The Owner and/or Applicant must file a notice of appeal with the City Secretary within
thirty (30) days following the determination of the amount of the impact fees to be paid
by the development by city Staff. If the notice of appeal is accompanied by a bond or
other sufficient surety satisfactory to the City Attorney in an amount equal to the original
determination of the impact fee due, the development application may be processed while
the appeal of the impact fee is pending.
(c) The written notice to the City Secretary requesting an appeal shall contain the following
information:
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I . The name of the Owner and/or Applicant of the Appeal; and
2. The business address and telephone number of the Owner and/or Applicant; and
3. The specific decision or determination of Staff which Owner and/or Applicant are
complaining of, and
4. State specifically the grounds regarding Owner's and/or Applicant's application
for appeal; and
5. State specifically what amount of money that you believe is owing the City, as
well as your basis therefor; and
6. The name and address of any legal counsel who will appear before the Public
Utilities Board to argue on your behalf, and
7. The signature of the Owner and/or Applicant regarding this appeal.
(d) The burden of proof shall be on the property owner and/or applicant to demonstrate that
the amount of the fee or the amount of the offset, credit or rebate was not calculated
according to the provisions of this Article. Upon submission of the case and the hearing
held before the Public Utilities Board (the "Board"), a decision shall be made by the
Board, upon Public Hearing, which shall constitute a formal recommendation to the
Denton City Council. The Board shall submit all of the materials that it receives as
evidence from Staff and all of the materials that it receives as evidence from the Owner
and/or Applicant to the City Council for its final consideration. All evidence as well as
the record shall be closed by the Public Utilities Board. A record shall be made of the
Public Utilities Board hearing and shall be forwarded to the City Council. The City
Council shall then make its decision on the record produced by the Public Utilities Board
and upon the oral arguments that are limited to not more than fifteen (15) minutes each
for the Owner(s) and/or Applicant(s), and the City. The City Council shall then
determine the appeal and issue its written decision.
Sec. 26-227. Refunds.
(a) Any impact fee or portion thereof collected pursuant to this Article which has not been
expended within ten (10) years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or, if the
impact fee was paid by another governmental entity, to such governmental entity,
together with interest calculated from the date of collection to the date of refund at the
statutory rate as set forth in Vernon's Ann. Civil Statutes, Title 79, Art. 1C.002, or any
successor statute.
(b) Upon the written request of an owner of the property on which an impact fee has been
paid, the City shall refund such fees if:
(1) Existing service is available and service is denied; or
(2) Service was not available when the fee was collected and the City has failed to
commence construction of facilities to provide service within two (2) years of fee
payment; or
me 14
(3) Service was not available when the fee was collected and has not subsequently
been made available within a reasonable period of time considering the type of
capital improvement or facility expansion to be constructed, but in any event no
later than five (5) years from the date of the payment.
(c) The City shall refund an appropriate proportion of impact fee payments in the event that a
previously purchased but uninstalled water meter for which the impact fee has been paid
is replaced with a smaller meter, based on the service unit differential of the two (2)
meter sizes and the fee per service unit at the time of the original fee payment.
(d) A petition for refund under this section shall be submitted to the Director on a form
provided by the City for such purpose. Within one (1) month of the date of receipt of a
petition for refund, the Director must provide the petitioner, in writing, with a decision on
the refund request, including the reasons for the decision. If a refund is due to the
petitioner, the Director shall notify the Assistant City Manager of Finance and request
that a refund payment be made to the petitioner.
Sec. 26-228. Update of plan and revision of fees.
(a) The City shall update its land use assumptions and capital improvements plans at least
every five (5) years, commencing from the date of adoption of such plans, and shall
recalculate the impact fees based thereon in accordance with the procedures set forth in
Texas Local Government Code, Chapter 395, or in any successor statute.
(b) The City may review its land use assumptions, impact fees, capital improvements plans
and other factors such as market conditions more frequently than provided in subsection
(a) to determine whether the land use assumptions and capital improvements plans should
be updated and the impact fee recalculated accordingly, or whether Schedules I or 2
should be changed. Schedule 2 may be amended without revising land use assumptions
and capital improvements plans at any time prior to the update provided for in subsection
(a), provided that the impact fees to be collected under Schedule 2 do not exceed the
impact fees assessed under Schedule 1.
(c) If, at the time an update is required pursuant to Subsection (a), the City Council
determines that no change to the land use assumptions, capital improvements plan or
impact fee is needed, it may dispense with such update by following the procedures in
Texas Local Government Code, Section 395.0575.
(d) The City may amend by resolution the Land Use and Service Unit/SFE Equivalency table
(Exhibit F), at any time prior to the update provided for in Subsection (a), provided that
the number of service units associated with a particular land use shall not be increased.
Sec. 26-229. Agreement for capital improvements.
An owner of a new development may construct or finance a capital improvement or facility
me 15
expansion designated in the impact fee capital improvements plan, if required or authorized by
the City, by entering into an agreement with the City prior to the issuance of any building permit
for the development. The agreement shall be on a form approved by the City and shall identify
the estimated cost of the improvement or expansion, the schedule for initiation and completion of
the improvement or expansion, a requirement that the improvement be designed and completed
to City standards and such other terms and conditions as deemed necessary by the City. The
agreement shall provide for the method to be used to determine the amount of the offset to be
given against the impact fees due for the development or any reimbursement to the owner for
construction of the facility.
Sec. 26-230. Use of other financing mechanisms.
(a) In addition to the use of impact fees, the City may finance water and wastewater capital
improvements or facilities expansions designated in the impact fee capital improvements
plan through the issuance of bonds, through the formation of public improvements
districts or other assessment districts, or through any other authorized mechanism, in such
manner and subject to such limitations as may be provided by law.
(b) Except as otherwise provided herein, the assessment and collection of a impact fee shall
be additional and supplemental to, and not in substitution of, any other tax, fee, charge or
assessment which is lawfully imposed on and due against the property.
(c) The City may pay all or part of impact fees due for a new development taking into
account available offsets and credits pursuant to duly adopted criteria.
Sec. 26-231. Conflicting ordinances.
All ordinances or parts of ordinances that are in force when the provisions of this ordinance
become effective, which are inconsistent or in conflict with the terms or provisions contained in
this ordinance, are hereby repealed to the extent of the conflict.
See. 26-232. Reserved.
SECTION 5. Any person violating any provision of this Ordinance shall, upon
conviction, be fined a sum not to exceed $2,000. Each day that a provision of this Ordinance is
violated shall constitute a separate and distinct offense.
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase or word in
this Ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions, despite any such invalidity.
SECTION 7. This Ordinance shall repeal any conflicting ordinances and resolutions to
the contrary; it being the intention of the City Council to fully amend all provisions of Chapter
me 16
26 of the City of Denton, Texas Code of Ordinances dealing with Impact Fees.
SECTION 8. This Ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be
published twice in the Denton Record Chronicle, a daily newspaper published in the City of
Denton, Denton County, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the / l
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
JOHN KNIGHT, INTERIM CITY ATTORNEY
By: )i
Lro Q ~j D -
me 17
ATTACHMENTS
EXHIBIT "A" - Land Use Assumptions for Water and Wastewater Impact Fees
EXHIBIT "B" - Capital Improvements Plans for Water and Wastewater Impact
Fees
EXHIBIT "C" - Amended Water Impact Fee Service Area - Zone I & 2
EXHIBIT "D" - Wastewater Impact Fee Service Area - Zone 1
EXHIBIT "E" - Wastewater Impact Fee Service Area - Zone 2
EXHIBIT "F" - Land Use and Service Unit/SFE Equivalency Table
me 18
EXHIBIT A
LAND USE ASSUMPTIONS
Introduction
These Land Use Assumptions have been developed as the basis for the preparation of an impact fee
ordinance for system-wide water and wastewater capital improvements according to the requirements of State
Law. Impact fees must be developed in accordance with Chapter 395 of the Texas Local Government Code.
In the State Code, at 395.001(5), " Land Use Assumptions" must include a description of the service areas
and projections of changes in land uses, densities, intensities, and population in the service area over at least a
ten-year period.
The state law requirements for land use assumptions are summarized as follows:
1. Land use assumptions as defined by Section 395.001(5);
2. Time period of projections
3. Description of general nature potential capital improvement facilities; and
4. An easily understandable map of the service areas.
The ten-year planning horizon used in developing the Land Use Assumptions is 2008-2018. Growth
projections presented in this report are based on assumptions used in the growth Management Strategies of
the North Central Texas Council of Governments (NCTCOG) and the current trends. The forecast projects
an average of 3.5 percent annual increase in population from 2008 through 2018 within the City of Denton.
See Exhibit C.
These over-all growth forecasts for the City are reflected in the Land Use Assumptions for the City's Water
and Wastewater Certificate of Convenience and Necessity (CCN) service areas. A CCN must be approved by
the Texas Natural Resources Conservation Commission (TNRCC) before services may be provided to
properties within the designated area. The water and wastewater service areas include all of the area within the
City plus different areas of the City's Extra-territorial Jurisdiction (ET]). The wastewater service area includes
an area larger than the water service area Map showing these service areas are attached as Exhibit A
(Wastewater) and Exhibit B (Water).
The product of these land use assumptions will be applied to a projected ten-year Capital Improvement
program (CIP) for the City's water and wastewater treatment facilities to develop an impact fee that can be
assessed to future development. The impact fee will reflect the "fair share" of the cost of eligible water and
wastewater capital improvements that will directly benefit new development within each service area.
Methodology
Land Use Assumptions will be developed to project new Residential and Non-Residential development
anticipated to occur from 2008-2018.
Estimated residential development is stated in terms of the number of new housing units. The
number of projected housing units is directly related to the type of housing. According to
NCTCOG, the estimated persons per housing unit, by type, are 2.52 persons per single family
housing unit and 2.12 persons per multi-family and other housing unit.
• Estimated non-residential development is stated in terms of square feet of development and is
primarily related to change in population, but also reflects local and national standards for ratios of
land use within communities. Projected non-residential development is forecast for commercial,
industrial, and civic land uses. Civic land uses include institutions such as schools, universities,
government facilities, churches, parks, streets, and other infrastructure.
Residential housing units and non-residential development in square feet will be converted to
demand for water and wastewater service and applied to the CIP.
Exhibit A: Map showing Wastewater CCN
LEGEND
N City linLts
Wastmvater CCN
N County roads
Q Lakes
Q Citys 5-mile ETJ
Exhibit B: Map showing Water CCN
LEGIENo
N City limits
® Water CCN
County roads
Q Lakes
= City's 5-mile ETJ
Exhibit C.•
Table I.- Population projections for 2008- 2018
Year
Estimated
Percent
COD
Water
Water
Waste
Waste
COD
Change
Population
Service
Service
Water
Water
Population
COD
Fiscal Year
Population
Connected
Service
Service
Population
Population
Population
Connected
Fiscal Year
Population
Fiscal Year
2007
109,895
2008
113,393
3.1829
110,769
113,539
109,905
112,985
109,030
2009
117,002
3.1829
114,295
117,153
113,286
116,581
112,501
2010
120,726
3.1829
117,933
120,881
116,832
120,292
116,142
2011
125,770
4.178
121,987
125,037
121,036
124,427
120,134
2012
131,025
4.178
127,084
130,261
126,092
129,625
125,218
2013
136,499
4.178
132,393
135,703
131,428
135,041
130,450
2014
142,202
4.178
137,925
141,373
136,990
140,683
136,041
2015
148,143
4.178
143,687
147,279
143,787
146,561
141,871
2016
152,983
3.2674
149,353
152,340
147,770
151,593
146,894
2017
157,982
32674
154,233
157,318
152,598
156,547
151,772
2018
163,144
3.2674
159,273
162,458
157,584
161,662
156,731
Note 1: The area marked in the attached map, made by the UkGties Department, goes b yond the city limits but
doer not rover
the whole 5-mile ETJ; the boundaries in the map wen drawn using TSZ ;ones. The Comprehensive Plan of the City of Denton
includes the ETJ area in their study ama; hence the Planning Department finds it essential to refer to their land use assurrrptions
using the ETJ area.
Note 2. Water Service Population is calculated as 2.5% higher than C0D from 2008 to 2015, decreasing to 2.0% higher than
COD from 2016 to 2018. This was derived by the Utilities Department
Note 3: Waste Water Service Population is calulated as 2.0% higher than COD from 2008 to 2015, decreasing to 1.5%
higher that COD from 2016 to 2018. This was derired by the Uti i ies Department.
Note 4: The water and wastewater service populations am adjusted to account for the difference in calendaryear versus fascalyear
estimates and further adjusted to reflect that not allpopulation in the service areas will actually be served.
A. RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the number of new housing units expected as a result of forecast changes in population it is
necessary to state assumptions about the following:
• estimated population expected within the water and wastewater service areas;
• estimated mix of housing units - single family as compared to multi-family;
• estimated percentage of population living in group quarters such as college dormitories, assisted
living centers and jails;
estimated percentage of population that will live in single family housing units compared to the
percentage that will live in multi-family housing units;
• estimated persons per housing unit for single-family and multi-family housing units; and
• changing trends in these demographic factors over time.
A (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these residential land use
assumptions:
• The estimated 2008 population for the City will be 113,393. The estimated 2008 connected
population (fiscal year) for the water service area will be 109,905 and 109,030 for the wastewater
service area.
• According to Census 2000 data, the City of Denton had 17,276 single-family housing units and
15,477 multi-family and other units. That amounted to 53% single family and 47% of other housing
units.
• According to NCTCOG, the estimated persons per housing unit, by type, are 3.52 persons per single
family housing unit and 3.12 persons per multi-family and other housing unit.
5
A (ii) PROJECTED CONDITIONS
Following are the factors used to derive an estimate of the number of new housing units for the period 2008
through 2018.
When the Denton Comprehensive Plan 1999-2020 was adopted in December of 1999, 49% of the
housing was single family and 51% was multi-family and others. It is one of the growth strategy
assumptions outlined in the Comprehensive Plan to change that ratio to 60% single-family housing and
40% multi-family housing by the year 2020. From 1999 to 2007, the numbers of single family dwelling
units increased at a rapid rate, such that by the year 2008 the ratio of single family to multi-family has
already reach the 60:40% ratio. As of January 1, 2008, the number of single family units was 24,357 and
the number of multi-family units was 16,556. During the past few years the number of housing units
both single and multi-family receiving permits finaled has steadily declined.
Based the percent increase utilizing NCTCOG household forecast numbers between 2010 and 2020, the
60:40% ratio Comprehensive Plan goal between single family and multi-family units and utilizing
NCTCOG's estimated persons per housing unit, by type, of 2.52 persons per single family housing unit
and 2.12 persons per multi-family and other housing unit, it is estimated that single-family housing units
will increase to 35,730 units and that multi-family housing units will increase to 23,820 units in 2018.
Table 2: Estimated number of housing units by type
Year
Number of
SF Units
% of SF
units
% Change
of SF
Number of
MF units &
other
% of MF
units
% Change of
MF
2000
17,276
52.75
15,477
47.25
2001
18,520
53.29
7.20
16,233
46.71
4.88
2002
19,584
54.64
5.75
16,259
45.36
0.16
2003
20,634
55.90
5.36
16,280
44.10
0.13
2004
21,813
57.33
5.71
16,233
42.67
-0.29
2005
23,009
58.63
5.48
16,236
41.37
0.02
2006
23,863
59.08
3.71
16,530
40.92
1.81
2007
24,357
59.53
2.07
16,556
40.47
0.16
Ca/cu/ati increase u
NCTCOG housing forecast numbers
2008
25,189
60.00
16,793
40.00
2009
25,898
60.00
2.82
17,266
40.00
2.82
2010
26,628
60.00
2.82
17,7552
40.00
2.82
2011
27,686
60.00
3.98
18,458
40.00
3.98
2012
28,787
60.00
3.98
19,191
40.00
3.98
2013
29,931
60.00
3.98
19,954
40.00
3.98
2014
31,121
60.00
3.98
20,747
40.00
3.98
2015
32,358
60.00
3.98
21,572
40.00
3.98
2016
33,445
60.00
3.36
22,297
40.00
3.36
2017
34,568
60.00
3.36
23,046
40.00
3.36
2018
35,730
60.00
3.36
23,820
40.00
3.36
Note 1: Single-Family Dwelling: A detached residential unit other than a manufactured home, hotel or motel,
designed far and occupied by one family only.
Note 2: Multi-Family Dwelling: A structure or portion deezgned for three or more dmelk'ng units or for occupaury
by members of a fraternity or sorority, or by three or mom boarders or roomers.
2. Based on the estimated number of housing units by type listed in Table 2 and the NCTCOG's estimated
persons per housing unit, by type, of 2.52 persons per single family housing unit and 2.12 persons per
multi-family and other housing unit, it is estimated that the population living in single-family housing will
increase to 90,039 and 50,498 for multi-family in 2018.
Table 3: Estimated population by household type
YEAR
SINGLE FAMILY
POPULATION
MULTI-FAMILY
POPULATION
2008
63,476
35,600
2018
90,039
50,498
3. The intensity of residential land use is indicated by the number of persons per housing unit The local and
national trend toward smaller households is expected to continue.
Table 4: Estimated persons per unit and units per acre (density)
YEAR
SINGLE FAMILY
MULTI-FAMILY
2008
2.52 per unit &
2.12 per unit &
3 units/acre
14 units/acre
2018
232 per unit Se
2.12 per unit &
3 units/acre
14 units/acre
Note 1: According to NCTCOG, the estimated persons per housing unig by type, am 2.52
persons per single family housing unit and 2.1 2 persons per multi family and other housing unit.
Note 2: One of the Denton Plan's Growth Management assumption is that eityadde the average
density for single family development will be there units pergross acre and that atywide the average
density far multi family development will be 14 units pergross acre.
Applying each of these factors to the forecast population for water and wastewater service areas yields the
estimated number of housing units for the period 2008 through 2018.
Table 5.• RESIDENTIAL LAND USE ASSUMPTIONS
CHARACTERISTIC
WATER CCN
WASTE WATER CCN
SERVICE AREA
SERVICE AREA
2008
2018
Change
2008
2018
Change
Connected Population
109,905
157,584
47,679
109,030
156,731
47,701
Total Household
Population
101,553
143,347
41,794
101,057
142,644
41,587
Sin le Family Population
65,063
91,839
26,777
64,745
91,389
26,644
Multi-Family 6-other Po
36,490
51,508
15,018
36,312
51,255
14,943
Total number of
Housing units
41,163
59,020
17,857
40,835
58,701
17,866
Note 1: Water Service Population and Household population is calculated as 2.5% higher than COD from 2008
to 2015, decreasing to 2.0% higher than COD from 2016 to 2018. This was derived by the UtiGkes Department.
Note 2: IY/aste Water Service Population and Household population is calculated as 2.0% higher than COD fmm
2008 to 2015, decreaeiug to 1.5% ingher than COD from 2016 to 2018. This was derived by the Utilities
Department.
Note 3: The water and wastewater service populations are adjusted to account for the difference in caleudar year
versus ftscalyear estimates andfurther adjusted to reflect that not allpopulation in the service auras will actually be
served.
Note 4: The total number of housing units was derived umii~izg the population projections in Table 1 and the
NCTCOG estimate persons per residential unit of 2.67.
B. NON-RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the amount of commercial, industrial and civic development expected as a result of forecast
changes in population it is necessary to state assumptions about the following:
• estimated population expected within the water and wastewater service areas;
• ratio of developed land by type of land use, in the city and from national studies
• estimated land use of non-residential land uses to residential land use
• estimated ratio of non-residential land uses to residential land use
• estimated floor area per acre of non-residential land uses; and
• changing trends in these land use factors over time.
B (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these non-residential land use
assumptions:
• In 2000 NCTCOG published the following land uses data for the City of Denton. No new land use
data after 2000 has been published by NCTCOG. Using existing land use GIS data available as of
February 2008, the Planning Department calculated the land developed in acres and the percent of
land developed for each land use.
Table 6.• Existing Land Use within the City ofDenton
2000
2008
Land
developed in
acres
% of
developed land
Land
developed in
acres
% of
developed
land
Residential
5,906
36.93
8,524
31.67
Sink Fami
4,988
31.19
7,512
27.91
Mulk-Fami! /Other
918
5.74
1,012
3.76
Commercial
1,217
7.61
2,538
9.52
Industrial
1,025
61
.4
811
2.93
Institutional
878
5
.49
2,797
10.39
Infrastructure
6,051
37.84
-
-
Parks & Flood
Plain
720
450
844
3.14
Under
Construction
11G
0.73
Water
78
0,49
-
Other Misc.
-
-
11,439
42.35
Total Developed
15,991
100.00
26,956
100.00
Vacant
24,354
28,82_6
Total
40,345
55,782
The following is a definition of each land use type listed above:
Single Family One family detached units and duplexes.
Multi-Family Structures with three or more separate units such as apartment complexes, townhouses and
condominiums.
Other Residential Mobile homes (inside mobile home parks and free-standing units), group quarters or
nursing homes, orphanages, college dormitories, jails, military base personnel quarters.
Industrial Manufacturing plants, warehouses, office showrooms, etc.
Commercial All office structures and retail buildings, shopping centers, department stores, repair shops,
supermarkets, restaurants, hotels and motels-, amusement parks, and large stadiums.
Institutional Churches, governmental facilities, museums, schools, hospitals, medical clinics, libraries,
military bases.
Infrastructure All roads, airports (including terminals and runways), railroads, radio and television
communication stations, truck terminals, sewage treatment and power plants, sanitary landfills, power line
easements, pump stations, water treatment plants, waste management facilities, and water systems.
Parks & Flood Plain All public and private parks, golf courses, cemeteries, tennis courts, swimming pools,
and zoos, plus major flood control structures, levies and flood channels.
Under Construction Land that has undergone site preparation and construction has begun.
Water All water bodies.
Vacant Undeveloped land plus parking lots and garages.
Total acres All land and water acreage within the city.
In 2000, within the City of Denton and assuming that there were no housing units located on land specified
as non-residential use, there were 17,276 single family units on 4,988 acres, a rate of 3.46 units per acre. There
were 15,477 multi-family and other residential units on 918 acres, a rate of 16.86 units per acre. Overall, there
were 32,753 housing units on 5,906 acres of residential land, a rate of 5.54 housing units per acre.
Table 7 2008 Summary ofZoning Classidcarron
Zowng
Classification
Area in Acres
% of All Zoned
Area
A
2255.013
3.87
CM-E
231.188
0.40
CM-G
1032.682
1.77
DC-G
1467.477
2.52
DC-N
36.656
0.06
DR-1
132.894
0.23
DR-2
582568
1.00
EC-C
844.338
1.45
EC-1
1239.303
2.13
IC-F
1395.078
2.39
IC-G
3722.083
6.38
MF-1
0.413
0.00
M P C
6672.666
11.45
NR-1
427.912
0.73
NR-2
9703.667
16.64
NR-3
4007.368
6.87
NR-4
5119.206
8.78
NR-6
1587.304
2.72
NRMU
1173.473
2.01
NRYIU-12
1251.085
2.15
10
PD
7255.819
12.45
RCC-D
1534.317
2.63
RCC-N
1092.875
1.87
RCR-1
722.58
1.24
RCR-2
47.052
0.08
RD-5
4763.97
8.17
Note 1: Acreage is bated oa GIS data available as of February
2008.
The following is a description of each zoning district:
Rural Residential (RD-5) These are areas of very low density residential development and agricultural lands.
Rural Commercial (RC) These areas are the locations of small rural commercial operations such as general
stores, established "Fruit Stands" and places where some hand made goods can be purchased.
Neighborhood Residential 1 (NR-1) 'T'hese areas are a prominent feature of Denton's newest
neighborhoods while protecting existing neighborhoods. Residential densities in these areas average one
home per acre.
Neighborhood Residential 2 (NR-2) Primarily residential development Residential densities in these areas
will average two homes per acre.
Neighborhood Residential 3 (NR-3) The predominant zoning category of residential development in
Denton. Residential densities in these areas will average three homes per acre.
Neighborhood Residential 4 (NR-4) Primarily residential with some allowances for duplex-style
development. Residential densities in these areas will average four homes per acre.
Neighborhood Center Residential 6 (NR-6) These areas will be a prominent feature of Denton's newest
neighborhoods while protecting existing neighborhoods. They focus on the heart of the neighborhood and
encourage an appropriate mix of housing types with some supportive commercial uses. Typically expect to
see about six houses per acre of land.
Neighborhood Residential Mixed Use 12 (NRMU-12) Mixed use development intended to preserve and
protect existing neighborhoods and to ensure that any new infill development is compatible with existing land
uses, patterns, and design standards. This category allows low to moderate intensity multi-family housing.
Residential densities in these areas average twelve units per acre.
Neighborhood Residential Mixed Use (NRMU) The heart of the Neighborhood Center. Appropriately
designed neighborhood-oriented retail, office and service development with allowances for townhomes, civic
uses and limited multi-story apartments. and This category will be home to moderate and higher intensity
multi-family housing.
Community Mixed Use General (CM-G) These areas provide the necessary shopping, services, recreation,
employment and institutional facilities that are required and supported by the surrounding community. This
use category contain buildings ranging from one to three stories with at least 20% of each property being
landscaped.
Community Mixed Use Employment (CM-E) These areas will provide the necessary, services,
employment and institutional facilities that are required and supported by the surrounding community. This
use category will contain buildings ranging from one to three stories with at least 20% of each property being
landscaped. These areas may contain locations for new office blocks and campus -style office development.
Downtown Residential (DR-1) These areas represent the traditionally residential portions of downtown. In
the future expect to see more new residential projects.
Downtown Residential (DR-2) These areas also represent the traditionally residential portions of
downtown. In the future expect to see more new residential projects with slightly higher density standards. In
these areas buildings may reach up to three or four stories in height.
Downtown Commercial General (DC-G) This is the central core of downtown Denton. The setting is
urban with much activity. With broad sidewalks and buildings oriented to the street, all the downtown land
11
use categories will help to create and enhance an inviting urban environment. In these areas buildings may
reach up to eight stories in height.
Downtown Commercial Neighborhood (DC-N) These areas, slightly less intense than the Downtown
Commercial General, are also an urban setting containing a mix of jobs and housing. In these areas buildings
may reach up to five stories in height.
Regional Center Residential 1 (RCR-1) These regional centers are designed to create focal point of
community activity including shopping, services, recreation, employment and institutional facilities. These
more intense residential areas will contain a wealth of supportive shops and services. They are an important
component for the local neighborhood as well as an entire region.
Regional Center Residential 2 (RCR-2) These regional centers are designed to create focal point of
community activity including shopping, services, recreation, employment and institutional facilities. The
setting in this area is urban, containing a mix of jobs and housing both within the same buildings and nearby
with a focus on multi-family housing. In these areas buildings may reach up to four stories in height.
Regional Center Commercial Neighborhood (RCC-N) This type of regional center stresses the
importance of neighborhood scale retail and commercial uses. As in the other Regional Center areas here you
will find activities including shopping, services, recreation, employment and institutional facilities. In these
areas buildings may reach up to five stories.
Regional Center Commercial Downtown (RCC-D) These centers will serve as major commercial hubs
for Denton. These areas of much commercial activity will serve the entire region. In these areas buildings
may reach up to eight stories in height. As in the other Regional Center areas here you will find activities
including shopping, services, recreation, employment and institutional facilities.
Employment Center Commercial (EC-C) These are areas that provide locations for a broad variety of
workplaces and complimentary uses. In general there is a focus on office and professional businesses in this
land use category.
Employment Center Industrial (EC-1) The purpose of these areas is to provide locations for a variety of
workplaces and complimentary uses. In general there will be slightly more light manufacturing and low
impact industrial uses in this land use category than EC-C.
Industrial Center Employment (IC-E) This area has many of the same work processes and employment
types as Industrial Center General such as manufacturing, warehousing and distributing, indoor and outdoor
storage, and a wide range of commercial and industrial operations with the inclusion of more amenities added
which include hotels, motels, and recreation facilities.
Industrial Center General (IC-G) These areas can be characterized as containing a variety of work
processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage,
and a wide range of commercial and industrial operations.
Planned Development (PD) These are master planned developments that have to meet higher standards of
scrutiny through the development process. Details of developments within PD districts will go before the
P&Z Commission and the City Council.
Multi-Family-1 (MY-1) Multi-family district designated as a holdover by Council action February s, 2002.
Agricultural (A) Recently annexed property into the city limits of Denton. Current zoning is designated as
Agricultural pending future zoning case.
12
• Applying the area of each type of non-residential land use to residential land use and multiplying by
the number of housing units per acre of land, a ratio expressed in the number of housing units
required to support an acre of commercial, industrial and civic land use can be developed.
Table 8: 2000 Land Development Rate
Commercial
Industrial
Civic
Housing units needed to
support an acre of land
23.7
24.9
6.78
For calculating intensity, practical development intensity has been a floor area ratio of 0.25 for
commercial and 0.40 for industrial land uses. For comparison purposes, in the Denton Development
Code, two zoning districts that serves to provide the necessary shopping, services, recreation,
employment and institutional facilities are Community Mixed Use General (CM-G) and Community
Mixed Use Employment (CM-E). The maximum floor area ratio for CM-G is 1.5 and for CM-E is
0.75. Similarly, two zoning districts that serve to provide locations for a variety of work processes
and employment such as manufacturing, warehousing and distribution and a wide range of industrial
operations are Industrial Center Employment (IC-E) and Industrial Center General (IC-G). The
maximum floor area ratio for IC-E is 0.75 and for IC-G is 0.40.
B (ii) PROJECTED CONDITIONS
1. It is assumed in the Comprehensive Plan that the mix of residential, commercial and institutional
land uses will be approximately the same as currently exists while industrial land uses will be higher.
It is estimated that between 2008 and 2018 the percent of develop land by land use will increase 2%
annually.
Table 9.• Estimated Percent ofDeveloped Land
Year
Single family
Multi-family
Commercial
Industrial
Institutional
2000
31.19
5.74
7.61
6.41
549
2008
27,91
3.76
9.52
2.93
10.39
2018
34.02
4.58
11.60
3.57
12.67
2. Single family residential housing will continue to develop at a rate of 3 units per acre and multi-family
residential housing will continue to develop at a rate of 14 units per acre.
13
3. The density of non-residential land use is indicated by the relationship between residential and non-
residential land used. As residential and non-residential development in the water and wastewater
service areas increase in density, the number of housing units required to support an acre of non-
residential land use can be expected to increase by one housing unit between 2008 and 2018.
Table 10. Estimated Non-Residential Land Development Rate
(Housing units per acre of non-residential land)
Year
Commercial
Industrial
Civic
2000
23.7
24.9
6.78
2008
24.0
25.0
7.0
2018
25.0
26.0
8.0
4. The intensity of non-residential land use is indicated by the amount of floor area developed per acre
of land, a practical development intensity has been a floor area ratio of 0.25 for commercial and 0.4
for industrial land uses. It can be reasonable to expect that commercial, industrial, and civic intensity
of land use will increase by approximately 20 percent between 2008 and 2018. The table also
indicates the relative intensity of land use among each of the non-residential land uses, with industrial
land developed most intensely, followed by commercial and then civic.
Table 11: Estimated Non-Residential Land Development Rate
(Percent of floor area per acre of non-residential land)
Year
Commercial
Industrial
Civic
2008
25
40
4.5
2018
30
48
5.4
Applying each of these factors to the forecast population and housing units for water and waste water service
areas yields the estimated amount of non-residential development, for the period 2008 through 2018.
Table 11: NON-RESIDENTIAL LAND USE ASSUMPTIONS
CHARACTERISTIC
WATER CCN
SERVICE AREA
WASTE WATER CCN
SERVICE AREA
2008
2018
Change
2008
2018
Change
Connected
Population
109,905
157,584
47,679
109,030
156,731
47,701
Housing Units
41,163
59,020
17,857
40,835
58,701
17,866
Land Use Acres
Canrntemal
1,715
2,361
646
1,701
2,348
647
IndufInal
1,647
2,270
623
1,633
2,258
624
Chic
5,880
7,378
1,497
5,834
7,338
1,504
Floor Area millionsquare feet
Commeraal
18.68
30.85
12.17
18.53
30.68
12.16
Industnal
28.69
47.46
18.77
28.46
47.21
] 8.75
Civic
11.53
17.35
5.83
11.43
17.26
5.82
2008 Water Service Area Zone 2 Land use Assumptions
14
2008 Water Service Area Zone 2 Land use Assumptions
Influences to Land Use Patterns ofZone 2
There are many possible build-out scenarios for the land within Zone 2 depending on the timing of
major transportation and development projects. Currently, market pressure for development is occurring
within areas with easy transportation access. Arterials such as FM 2449 and Robson Ranch Road will most
likely need to be increased in capacity to handle future traffic demand. In addition, the construction of Loop
288 north from I-35W through the Cole Ranch Master Plan Community (MPC) will increase development
activity occurring within this area.
Cole Ranch Master Plan Community
In February 2008, the City Council approved the Cole Ranch MPC. The approximately 3,256.92 acres of
property is located west of Interstate 35 West, south of Tom Cole Road. The Cole Ranch MPC consists will
contain a variety of land uses that will provide opportunities for vertical and horizontal mixed-use
developments. The development will consist of approximately 1,955 acres of Single Family development, and
approximately 342 acres of Neighborhood Residential Mixed Use development with multi-family, attached
single family, retail and office uses. The development will also contain 180 acres of Community Mixed Use
(CM-G) zoned property, 301 acres of Employment Center, and 85 acres of Industrial Center. The estimated
residential development will consist of 6,182 single family homes with an overall gross density of 2.9
dwellings per acre, 2,621 attached single family homes with a maximum of gross density of 12 units per acre
and 2,800 multi-family units with a maximum gross density of 30 units per acre.
The community is being designed with higher density and more intense uses (office and retail) along the
proposed alignment of Loop 288 and a more traditional suburban residential development towards the south
and west. Two Neighborhood Residential Mixed Use Districts are proposed to provide higher density
residential and neighborhood service oriented business'es to the surrounding single family detached residential
areas.
In an effort to facilitate the overall development of the MPC and provide the necessary institutional,
educational, and community uses, the Denton Independent School District (DISD) has purchased a 90 acre
high school site which will be part of Phase III. A middle school site has also been finalized as part of Phase
11 and two elementary school sites are proposed, as shown on the development plan exhibit. The exact
locations have not been determined but the two elementary schools sites will be donated by the property
owner to DISD. All four school sites make up approximately 165 acres of land within the Cole Ranch
development.
'T'here are approximately 680 acres of open space included in the MPC. Much of the open space is made up
of floodplam and Environmentally Sensitive Areas (ESAs). The applicant will identify the ESA mitigation
measures at the final plat process. The applicant will dedicate approximately 72 acres of park land for both
passive and active recreational purposes as required by the City of Denton Park Land Dedication
requirements.
Inspiration Master Plan Community
The Planning and Development is currently processing another MPC called Inspiration. The
approximately 3,331 acres subject property is generally located generally located on both sides of I-35W
between Robson Ranch Road and Vintage Boulevard. The proposed MPC is primarily undeveloped. The
applicant is proposing to develop the property with a mix of residential, retail, commercial and open
13
space/ recreational uses. The proposed zoning plan depicts approximately 2,849.5 acres of residential
development and 481.6 acres of mixed use development. The MPC will include schools, trails, parks, ponds
and community centers.
A maximum of 12,089 single family dwelling units and 3,253 multi-family dwelling units are being proposed.
The average single family density will be 4.47 units per acre and the ratio of single family to multi-family units
will be 79% to 21% (the ratio is based on maximum densities allowed within each zoning district). A higher
density mixed use regional center is proposed near the intersection of I-35W and Allred Road in addition to
other community and neighborhood mixed use centers.
16
Population Projections for the Zone 2 Study Area
DENTON WATER ISERVECE AREA
J 1 4
1L- I LAKE RAY R09 ER rs
QWater SC(VKOAlta ZOO e1
- Willer Service Area ZOne 2 l Y
z
1 ~ 1rt ,
'rfl
P, I
ZONE $
1~
cC
~ ~
~ -i o os + z
Water Service Area
17
2008 Land Use Assumptions for Water Service Area Zone 2
• The development of the Cole Ranch MPC will commence late 2010.
• The development of the Inspiration MPC will commence late 2011.
• It is estimated that 25 total housing units will be constructed in the Zone 2 area in 2010,
increasing to 1,150 housing units by 2018.
Year
2007
proj
ected
Units
Total
I holSin-
Units
Proje
popul
cted
ation
population
due to the
UnitS
Total
Population
1036
Inc rc~sc
in
2008
0
0
0
0
0
0
1,036
0.00
2009
0
0
0
0
0
0
1,036
0.00
2010
25
0
25
63
0
63
1,099
6.08
2011
150
0
150
378
0
378
1,477
34.40
2012
300
0
300
756
0
756
2,233
51.19
2013
450
50
500
1134
106
1240
3,473
55.54
2014
500
150
650
1260
318
1578
5,051
45.44
2015
600
200
800
1512
424
1936
6,987
38.33
2016
600
200
800
1512
424
1936
8,923
27.71
2017
TO
350
1100
1890
742
2632
11,555
29.50
2018
750
400
1150
1890
848
2738
14,293
23.70
(VOTE:
• IN THE ABOVE TABLE, POPULATION HAS BEEN CALCULATED USING ONE OF THE
GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TO NCTCOG THE NUMBER OF
PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER
MULTI-FAMILY UNIT BE 2.12.
• Existing population in 2009 was rakmlaled using existing land use GIS data.
CONCLUSIONS
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 3 to 5 percent annual growth rate.
Population for the Phase I area will reach 14,293 by 2018, based on the land use assumptions.
The city will need to maintain its current policy of annexation of property where available infrastructure
and development pressures are applied.
18
2008 Land Use Assumptions for Wastewater Clear Creek Basin Zone
Land Use Assumptions Phase I Development Area
The Phase I service area incorporates land already designated in the Denton Comprehensive Plan as an
urbanized area, and land that was originally designated as "Rural Areas." Of the 11,500 acres that makes up
the Phase I service area, roughly half (5,751 acres) lies within the designation of "Rural Areas."
The construction of the wastewater treatment facility and transmission lines will enable land within Phase
I to be serviced regardless of the property's location within or outside the Comprehensive Plan's urbanizing
area. Therefore it is conceivable that within the 2018 year timeframe, some development may occur within
the currently designated Rural Areas. By assigning Neighborhood Centers to the Rural Areas of Phase I,
Denton increases the ability to proactively plan for development patterns which will achieve the policies as
stated in the plan. Development within Neighborhood Centers has the potential to include agricultural uses,
one-acre residential development, and specifically sited higher density housing and neighborhood-oriented
retail/office uses which complement and provide services to the neighborhood.
19
Phase I Area Future Land Use Plan Adopted - 1999
Influences to Land Use Patterns ofPhase I
There are many possible build-out scenarios for the land within Phase I depending on the timing of
major transportation and development projects. Currently, market pressure for development is occurring
within areas with easy transportation access. Arterials such as FM2165 (North Locust), FM 426 (Sherman
Drive), and the future extension of Bonnie Brae north will most likely need to be increased in capacity to
handle future traffic demand. In addition to current transportation linkages within this area, the North Texas
Tollway Authority, responsible for the construction and maintenance of the Dallas North Tollway have
begun studies for a future extension of the tollway to reach from the City of Frisco northward to US 380 and
eventually de into Interstate 35 either in north Denton County or southern Cooke County. The possible
inclusion of an alignment of the Tollway will affect how future projections for this area may be developed.
In 2007, the Planning and Development Department processed the first Master Plan Community (MPC)
called the Hills of Denton and was approved in July 2007. The future development of the Hill of Denton
MPC will increase the housing and economic growth to the area. The Hills of Denton MPC is approximately
2,100 acres located north of Loop 288, west of Locust, south of Milan and east of 1-35. The development
consists of single- and multi-family housing, commercial retail and office, a town center and various public
amenities. The Hills of Denton MPC phasing plan show a commencement date of 2009 with a completion
date during the next 20 to 25 years.
Development of the University of North Texas' North Campus site at US 77 and Loop 288, may induce
associated interest in retail and services within the surrounding Regional Mixed Use centers to accommodate
the employment population the site will generate. There are chances that UNT may acquire some property
for multi-family apartments or dormitories.
20
Phase I Proposed Future Land Use Areas
It is assumed that neighborhood centers will have 70% of its land developed for residential uses, 20% will be
developed for commercial uses, 10% will be developed for civic and recreational uses. (Civic uses include
schools, libraries, police and fire stations, and parks and greenways)
The Growth Management Strategy assumptions in the comprehensive plan state that residential land area mix
at 60% single family housing units and 40% multi-family and others, by the year 2020 for the whole city.
Achievement of that policy may be obtained by having in these areas the total number of projected housing
units split as 70% single family units and 30% multi-family units and others.
It is anticipated that Phase I-B would not develop much until it is provided with water services. Even
though presently Phase I-C also does not have water services, it might be easier to take out water lines for
that area from new water lines extending from the Lake Ray Roberts Water facility along Sherman Drive and
so there are more chances of development occurring in Phase I-C. Phase I-A is included in both water and
wastewater service area, hence it is prime for development. It is assumed that the subject area would
experience significant growth when areas in the southern section of Denton reach development capacity.
Population Projections For Phase I Study Area
21
LAND USE ASSUMPTIONS FOR PHASE I-A
• The development of the Hills of Denton MPC will commence late 2009.
• It is estimated that 25 total housing units will be constructed in the phase I-A area in 2009,
increasing to 450 housing units by 2018.
2007
Proj
ected
Total
Proje
cted
Population
units
Total
806
["cre~sc
2008
0
0
0
0
0
0
806
0.00
2009
25
0
25
63
0
63
869
7.81
2010
1,50
0
150
378
0
378
1,247
43.48
2011
250
50
300
630
106
736
1,983
59.00
2012
350
50
400
882
106
988
2,971
49.81
2013
400
50
450
1008
lOG
1114
4,085
37.49
2014
425
50
475
1071
106
1177
5,362
28.81
2015
450
50
500
1134
106
1240
6,502
2356
2016
450
50
500
1134
106
1240
7,742
19.07
2017
450
50
500
1134
106
1240
8,982
16.02
2018
450
50
500
1134
106
1240
10,222
13.80
NOTE:
• IN THE ABOVE TABLE, POPULATION HAS BEEN CALCULATF,D USING ONE OF THE
GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TO NCTCOG THE NUMBER OF
PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER
MULTI-FAMILY UNIT BE 2.12.
• Eais ing population in 2003 was calculated using existing land use GIS data.
22
LAND USE ASSUMPTIONS FOR PHASE I-$
• Until there is water service provided in this area, it will experience negligible growth.
• It is estimated that the subject area would experience growth. Development pressure will demand
water and wastewater services.
• It is estimated that an average of 25 total housing units will be constructed in the Phase I-B in 2013,
increasing to 100 housing units each year between 2016 and 2018.
2007
able
Proj
ected
Total
Proje
cted
POPUlatiint
units
93
lncre~sc
2008
0
0
0
0
0
0
93
0.00
2009
0
0
0
0
0
0
93
0.00
2010
0
0
0
0
0
0
93
0.00
2011
0
0
0
0
0
0
93
0.00
2012
0
0
0
0
0
0
93
0.00
2013
25
0
25
63
0
63
156
67.57
2014
25
0
25
63
0
63
219
40.32
2015
25
0
25
63
0
63
282
28.74
2016
100
0
100
252
0
252
534
8929
2017
100
0
100
252
0
252
786
47.17
2018
100
0
100
252
0
252
1,038
32.05
NOTE,
• IN THE ABOVE TABLE, POPULATION HAS BEEN CALCULATED USING ONE OF THE
GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TO NCTCOG THE NUMBER OF
PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER
MULTI-FAMILY UNIT BE 2.12,
• Existing population in 2008 xas cakulated u.ang existing land use GIS data
23
LAND USE ASSUMPTIONS FOR PHASE I-C
• This area will also experience negligible growth, until water services are provided. Ease of access to
waterlines along FM 426 may make future development of this area attractive.
• Majority of the land in this part is under a common ownership. The owner has not expressed a
reason, need or desire to develop his land. Therefore, development may not occur within the next
ten years.
• It is estimated that an average of 25 total housing units will be constructed in the subjected area each
year from 2010.
ear
2007
Table
Proj
110LISin
3: PI)PLIlati
ected
" Units
on Projectio
Total
I 1(~LISHW
t nits
n for Pha,~e
Proje
POPLIl
I-C (Desi
cted
ation
MF
gnated Neighb
Population
due to the
projected
Units
orhood Centers
Total
Population
136
)
% Increase
Population
2008
0
0
0
0
0
0
136
0.00
2009
0
0
0
0
0
0
13G
0.00
2010
25
0
25
63
0
63
199
46.30
2011
25
0
25
63
0
63
262
31.65
2012
25
0
25
63
0
63
325
24.04
2013
25
0
25
63
0
63
388
19.38
2014
25
0
25
63
0
63
451
1623
2015
25
0
25
63
0
63
514
13.97
2016
25
0
25
63
0
63
577
1225
2017
50
0
50
126
0
126
703
21.83
2018
50
0
50
126
0
126
829
17.92
NOTE:
• IN THE ABOVE TABLE, POPULATION HAS BEEN CALCULATED USING ONE OF THE
GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TO NCTCOG THE NUMBER OF
PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER
MULTI-FAMILY UNIT BE 2.12.
• Existing population in 2003 was calculated using cxrrling land use GIS data.
24
Since Phase I-B and I-C subareas were not originally included in the urbanized area of the comprehensive
plan and its projections, these numbers should be added in addition to the projected total population of the
city.
Policy Ramifications of Phase I
With the inclusion of the entirety of the Phase I basin into the Urbanizing Area of the Denton
Comprehensive Plan, residents, elected and appointed officials must consider the utilization of annexation
and comprehensive plan amendment policies.
Annexation Policy
The comprehensive plan states:
The city will proactively annex land within its southern ETJ and other urbanizing areas that become
attractive for urban development due to the availability of municipal utilities, and due to location within close
proximity to areas being subdivided and developed. Proper management of development in the urbanizing
areas depends on annexation and application of zoning regulations that support the recommended land use
plan. (The Denton Plan 1999-2020p. 29)
Within the past three years, several annexations have occurred within the western and northern areas of
Denton. As development pressure continues to expand towards the west and north, annexations must be
considered to maintain proactive growth management controls (zoning, site design and transportation
standards) within these areas.
Comprehensive Plan Amendment
With the inclusion of subareas I-B and I-C into consideration for development, the city must bring
forward a comprehensive plan amendment for public review to include these areas as "Urbanizing Areas"
rather than the previously designated "Rural Areas."
Phase II Land Use Assumptions and Population Projections
Growth within the remainder of the Clear Creek Basin within the city's CCN Boundary (Phase II) will
remain at rural rates as the distances involved with providing connections to urban level infrastructure
services remains cost prohibitive within the timeframe of this report.
With the annexation of two large areas within this area, the City's water and wastewater service
obligations will be necessitated by future development. One of the annexation areas was of the Craver Ranch
development.
25
Conclusions
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 3 to 5 percent annual growth rate.
Development pressure ui the Phase I Basin has prompted the city to construct wastewater treatment
facilities that will eventually have the capacity to efficiently maintain the City's service obligations for the
Clear Creek Basin.
Population for the Phase I area will reach 12,059 by 2018, based on the land use assumptions.
The city will need to proactively consider a comprehensive plan amendment for subareas I-B and I-C. In
addition, the city will need to maintain its current policy of annexation of property where available
infrastructure and development pressures are applied.
Population growth for the Phase II area will remain at current rural area rates for the time being.
26
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CITY OF DENTON
Wastewater Improvements Costs
2008-2018
Improvements
Cost
Percent Applicable to
Impact Fee
Applicable Cost
1
2
3
Clear Creek WWTP (3.0 MGD '
Pecan Creek WRP 15.0 MGD
Pecan Creek WRP 6.0 MGD
$18,000000
$34,737,640
$25,731,272
50%
0%
83%
$8,940,600
$0
$21,228,29
9
Treatment Plant Subtotal
$78,468,912
$30,168,899
4
South Wet Weather Lift Station
$2,442,914
60%
$1,465,74
8
5
6
Graveyard Branch Lift Station & Force Main
Cooper Creek Lift Station & Force Main
$7,050,304
$2,110,617
56%
24%
$3,923,494
$510,136
7
West Wet Weather Lift Station -
$1,482,796
98%
$1,455,809
Lift Station & Force Main Subtotal
$13,086,630
$7,355,187
8
9
State School Interceptor 1
Pecan Creek Interceptor t
$2,962,125
$2,089,645
31%
12%
$920,628
$246,369
10
Pecan Creek Interceptor t
$2,736,779
16%
$450,474
11
Pecan Creek Interceptor 3
$1,669,678
20%
$328,760
12
Pecan Creek Interceptor 4
$1,222,300
20%
$238,960
13
State School Interceptor 2
$3,999,588
32%
$1,262,670
14
15
16
17
Cooper Creek lnterce tort
Hickory Creek Interceptor s
Hickory Creek Interceptor 1
Hickory Creek Interceptor 6
$896,634
$1,789,445
$3,920,481
$2,057,196
16%
38%
39%
29%
$146,151
$680,526
$1,543,885
$601,936
18
Hickory Creek Interceptor t
$1,611,500
27%
$440,745
19
20
21
22
23
24
Cooper Creek Interceptor 2
Hickory Creek Interceptor 7
Hickory Creek Interceptor 3
Hicko Creek OUtfall1A
Hicko Creeklnterce tor4B
Hicko Creeklnterce tor4A
$793,240
$957,708
$1,742,491
$410,277
$520,292
$1,555,076
17%
30%
26%
34%
13%
150%
$131,043
$287,312
$449,737
$139,453
$65,036
$239
171
25
26
27
28
29
30
31
Coed Outfall 1A
Coed OUtfall1B
Clear Creek Interceptor
Pecan Creek Interceptor Ph. 1 & 2
Cooper Creek Outfall Loo 288
Krum Sewer Line
Grave and Branch Interce for
$161,207
$823,757
$7,466,520
$2,966,459
$3,498,100
$261,911
4 3
$4 2'1
8%
6%
36%
12%
15%
15%
35%
,
$12,236
$52,144
$2,653,601
$356,865
$539,757
$39,287
$1
517
20
2
32
Roark Branch Interceptor
$2,29471
!9
25%
,
,
$573,643
Interceptors Subtotal
$52,698,924
$13,917,591
Total Wastewater Improvements Capital Costs $144,254,4661 1 $51,441,678
6.,wua .even vvvv l r wns~maidn cos is based on $b.UU per gawn.
DENTON WATER SERVICE AREA
008 EXHIBIT c l
EXHIBIT D
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